Legal Opinion
Barth v. Schmidt
North Dakota Supreme Court
Decided June 28, 1991No. Civ. 910010PublishedCited by 13 opinions
1Opinion of the Court
MESCHKE, Justice.
We hold that leave to amend a pleading is neither reviewable nor appealable before final judgment. Therefore, we dismiss this appeal.
In August 1988, Otto and Barbara Barth sued George Schmidt for their injuries in a July 1986 automobile collision. This lengthy lawsuit was finally re-scheduled for trial on January 16,1991. However, on December 3, 1990, the Barths belatedly moved for leave to amend their complaint to specify statutory violations and to add claims for loss of consortium. On December 19, 1990, the trial court reluctantly granted leave to amend.
Then, on December…
2Cases cited11 opinions
- Peterson v. ZerrNorth Dakota Supreme Court · 1989
- Gillan v. SaffellNorth Dakota Supreme Court · 1986
- Regstad v. SteffesNorth Dakota Supreme Court · 1988
- Sargent County Bank v. WentworthNorth Dakota Supreme Court · 1989
- Witthauer v. Burkhart Roentgen, Inc.North Dakota Supreme Court · 1991
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- White v. Altru Health SystemNorth Dakota Supreme Court · 2008
- Ceartin v. OchsNorth Dakota Supreme Court · 1992
- Flattum-Riemers v. Peters-RiemersNorth Dakota Supreme Court · 2001
- Klindtworth v. BurkettNorth Dakota Supreme Court · 1991
- Belden v. HambletonNorth Dakota Supreme Court · 1996
8 more not listed; retrieve them via the Exa API.